Pargeter v. Chicago & North Western Railway Co.

(on motion for rehearing). Defendant has moved for a rehearing. It asserts correctly that we overlooked the provisions of sec. 274.12 (2), Stats., in refusing to review its contention that there is no evidence to support the jury’s finding that the lantern signal given by the railway flagman constituted an invitation to the plaintiff to enter the crossing.

If its contention as to the insufficiency of the evidence is correct such determination would merely support the judgment appealed from, and under such circumstances it may have a review without serving notice thereof. What is said in our…